DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2132-19 
Date: Ref Signature 

Dear
 
This is in reference to your application 5 February 2019 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 18 March 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, relevant portions of your naval record, and applicable statutes, regulations, and policies.
 
You reenlisted in the Navy and continued a period of active service on 30 November 1983.  On 21 August 1985, you were convicted at a special court-martial (SPCM) for wrongful use of marijuana.  On 2 October 1985, you were counseled regarding your drug abuse and you were notified further deficiencies may result in the initiation of administrative separation proceedings.  On 12 December 1985, you were notified of the initiation of administrative separation proceedings for misconduct-drug abuse, and drug abuse rehabilitation failure.  On 23 December 1985, the counseling and assistance center (CAAC) notes that you admit to marijuana use prior to 12 May 1985.  On 10 February 1986, you waived your right to consult with counsel and your right to present your case to an administration discharge board.  On 18 February 1986, your Commanding Officer (CO) recommended your separation with an other than honorable (OTH) characterization of service for misconduct-drug abuse, and drug abuse rehabilitation failure.  Your CO noted in your record, after your completion of drug rehabilitation you tested positive for drugs in November 1985.  On 23 April 1986, the separation authority approved and directed your discharge.  On 30 May 1986, you were discharged with an OTH characterization of service for misconduct-drug abuse. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that the chain of custody was inaccurate and that the rules were not followed.  The Board noted that you did not provide evidence, and your records did not contain evidence, to support your contention.  The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action.
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely,